Riceherba Internacional NV (the plaintiff) claimed for damage to a cargo of rice carried from a port in Thailand to Seville, Spain, caused by the stranding of the carrying ship in San Lucar de Barrameda, Spain. The plaintiff filed against the carrier, Jasmine Shipping Co Ltd, the shipowner, Contal Shipping Ltd, and the P&I club, the West of England Ship Owners Insurance Association Ltd.

The carrier appeared in the process and alleged expiration of the claim (caducidad), argued that the plaintiff was not entitled to sue and invoked limitation of liability. The P&I club also appeared in the process alleging the same defences, that it was not legitimised to be brought as a defendant in this claim (falta de legitimación pasiva), and also invoked limitation of liability according to the Convention on Limitation of Liability for Maritime Claims 1976 (LLMC 1976). The first instance court dismissed the claim, declaring that the action was expired (caducada), because it was not filed within the one-year period established in art 3.6 of the Hague-Visby Rules. The plaintiff appealed the decision and the Court of Appeal affirmed it. The plaintiff recurred in cassation before the Tribunal Supremo/Supreme Court (SC), arguing an infraction of arts 3.6 and 3.6 bis of the Hague-Visby Rules.

Held: The SC affirmed the decision. The plaintiff argued that a first claim was filed in the Court of San Lucar de Barrameda. The defendants alleged in that case that the Court had no territorial jurisdiction to decide the claim. The Court accepted the argument and stayed the claim, but did not send it to a competent Court. Therefore, the plaintiff filed this second claim after the period established in art 3.6 of the Hague-Visby Rules, asserting that this period was suspended from the moment the first claim was filed. The SC rejected this argument, stating that, if this lawsuit were the same referred from the Court of San Lucar de Barrameda, the expiration time would have been interrupted. But as it was a new lawsuit filed after the one-year time limitation, the claim had expired.